Probus Website and Product Terms of Use.

This website and its product, Probus Quad, is designed, developed and maintained by Sunny Corporation Private Limited, having their registered offices as mentioned in the Contact Us page . These terms and conditions shall be governed by and construed in accordance with Indian Laws. Any dispute arising under these terms and conditions shall be subject to the jurisdiction of the courts at New Delhi, India. This website is the property of Sunny Corporation Private Limited. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE AND THE PRODUCT.

Sunny Corporation Pvt. Ltd. reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, and Product information regarding its features and functionality mentioned on the website, www.probus.io and its associated websites, at any point of time. It is your responsibility to check these Terms of Use and the product information website, www.probus.io periodically for changes before you buy the product. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.

Agreement to Terms of Use

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Sunny Corporation Pvt. Ltd., and is protected by trademark, copyright, patent laws, and various other intellectual property rights and unfair competition laws.

No part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way without Sunny Corporation Pvt. Ltd.'s prior written consent.

Your Use of the Site & Product

You may not use any process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content. Sunny Corporation Pvt. Ltd. reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Sunny Corporation Pvt. Ltd., including any Sunny Corporation Pvt. Ltd. account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

Bluetooth range varies as per 2.4 GHz communication band of Bluetooth protocol. The signal strength of this band is subject to variations due to various environmental factors such as, moisture and humidity in air. Probus Quad's range has been determined under extensive and long duration field tests and trials performed over a period of three months. 2.4 GHz communication band is prone to decay under moist and humid conditions. Bluetooth range for Probus Quad are subject to a tolerance level of +/- 10 feet in the line of sight. In walled enclosures, this range will decrease and cannot be quantified in results due to diverse reasons and extensively large sample sizes. No claim shall be entertained regarding decrease, increase or abrupt behavior of the range of the device.

Extensive battery testing has been performed over a period of three months. The battery is recommended to be fully charged before use under the ambient temperatures of 25 degree Celsius. Battery usage will vary, depending upon the ambient temperature, charging and discharging cycles and the types of devices it is being used to charge. Higher current rated devices will deplete the battery faster as compared to the lower current rated devices. Charging time of the battery also varies depending upon the input current source. In some cases, Probus Quad may not charge your device, this is because, the hardware platform of your device is different and Probus is not able to get handshaking signals to the device as recommended by USB and BC charging specifications. If this case ever happens, do not use Probus Quad for charging that device. Please contact your device manufacturer for more details. If Probus Quad is plugged into a USB2.0 port to charge, it will take higher time to get fully charged as compared to a USB3.0 or AC outlet. Do not overheat the battery or Probus Quad. This may result in physical and permanent damage to Probus Quad. No claim shall be entertained regarding abrupt battery behavior, not charging, overheating or physical damage of the battery of the device.

The Product offered uses a rechargeable Lithium polymer battery inside its chassis. Opening of the chassis body shall render the Product void from any warranty and refund claims. Once the body shell is opened, without our knowledge or written permission or in absence of our supervision, the product warranty shall be rendered void and no claim shall be entertained regarding warranty or refunds.

The refund claims shall only be entertained and processed when made within 10 days of placing the orders and incase of bookings, shall be entertained and processed within 10 days of shipment reaching the buyer.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site and its Product, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.

Sunny Corporation Pvt. Ltd.'s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Sunny Corporation Pvt. Ltd. may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and Sunny Corporation Pvt. Ltd. makes no commitment to update the materials on the Site with respect to such products and services.

The Product offered uses a rechargeable Lithium polymer battery inside its chassis. Opening of the chassis body shall render the Product void from any warranty and refund claims. Once the body shell is opened, without our knowledge or written permission or in absence of our supervision, the product warranty shall be rendered void and no claim shall be entertained regarding warranty or refunds.

The refund claims shall only be entertained and processed when made within 10 days of placing the orders and incase of bookings, shall be entertained and processed within 10 days of shipment reaching the buyer.

The following terms also govern and apply to your use of the Site, and they are incorporated herein by this reference:

  • Sunny Corporation Private Limited's patents
  • Copyrights for the Product and logos.
  • Trademarks of the Product.
  • Industrial design patents.
  • Other applicable intellectual property rights held by Sunny Corporation Pvt. Ltd for the Product

The intellectual property rights held by Sunny Corporation are not limited to their descriptions in their filed patents, copyright applications etc. but apply to their extension in way of modifications thereof. Sunny Corporation will have full rights to any modifications that are made in the existing design.

Accounts, Passwords and Security

The Site may require you to open an account (including setting up a Probus ID and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify Sunny Corporation Pvt. Ltd. immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Sunny Corporation Pvt. Ltd. or any other user of or visitor to the Site due to someone else using your Probus ID, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's Probus ID, password or account at any time without the express permission and consent of the holder of that Probus ID, password or account. Sunny Corporation Pvt. Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Sunny Corporation Pvt. Ltd.'s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Disclaimers

SUNNY CORPORATION PVT. LTD. DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SUNNY CORPORATION PVT. LTD. CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SUNNY CORPORATION PVT. LTD. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SUNNY CORPORATION PVT. LTD. DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SUNNY CORPORATION PVT. LTD. SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST SUNNY CORPORATION PVT. LTD. FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action arising from the use of its website or associated websites and its Products.

Sunny Corporation Pvt. Ltd. reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site or Product, or any portion of the Site or Product, for any reason; (2) to modify or change the Site or Product, or any portion of the Site or Product, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Sunny Corporation Pvt. Ltd. be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if Sunny Corporation Pvt. Ltd. has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Sunny Corporation Pvt. Ltd. is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Product or any Content, Sunny Corporation Pvt. Ltd.'s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against Sunny Corporation Pvt. Ltd. (but not including the purchase price for any Sunny Corporation Pvt. Ltd. hardware or software products or (2) INR1000.00. Limitations of liability shall be governed by Indian laws, wherever applicable.

Indemnity

You agree to indemnify and hold Sunny Corporation Pvt. Ltd., its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made against Sunny Corporation Pvt. Ltd. by any third party due to or arising out of or in connection with your use of the Site or Product or both.

Violation of These Terms of Use

Sunny Corporation Pvt. Ltd. may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Sunny Corporation Pvt. Ltd.'s rights or property, or the rights or property of visitors to or users of the Site, including Sunny Corporation Pvt. Ltd.'s customers. Sunny Corporation Pvt. Ltd. reserves the right at all times to disclose any information that Sunny Corporation Pvt. Ltd. deems necessary to comply with any applicable law, regulation, legal process or governmental request. Sunny Corporation Pvt. Ltd. also may disclose your information when Sunny Corporation Pvt. Ltd. determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Sunny Corporation Pvt. Ltd. may preserve any transmittal or communication by you with Sunny Corporation Pvt. Ltd. through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Sunny Corporation Pvt. Ltd. determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Sunny Corporation Pvt. Ltd., its employees, users of or visitors to the Site, and the public.

You agree that Sunny Corporation Pvt. Ltd. may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sunny Corporation Pvt. Ltd., for which monetary damages would be inadequate, and you consent to Sunny Corporation Pvt. Ltd. obtaining any injunctive or equitable relief that Sunny Corporation Pvt. Ltd. deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Sunny Corporation Pvt. Ltd. may have at law or in equity.

You agree that Sunny Corporation Pvt. Ltd. may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Sunny Corporation Pvt. Ltd. does take any legal action against you as a result of your violation of these Terms of Use, Sunny Corporation Pvt. Ltd. will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Sunny Corporation Pvt. Ltd.. You agree that Sunny Corporation Pvt. Ltd. will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of India and by the laws of New Delhi, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts of New Delhi and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are also subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys fees. In the event of any controversy or dispute between Sunny Corporation Pvt. Ltd. and you arising out of or in connection with your use of the Site or Product, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Sunny Corporation Pvt. Ltd. administers and operates the www.probus.io & www.sunnycorp.co.in Site from its location in New Delhi. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside India. Sunny Corporation Pvt. Ltd. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside India, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Sunny Corporation Pvt. Ltd. with regard to your use of the Site and Products, and any and all other written or oral agreements or understandings previously existing between you and Sunny Corporation Pvt. Ltd. with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Sunny Corporation Pvt. Ltd., Sunny Corporation Pvt. Ltd. will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Sunny Corporation Pvt. Ltd.'s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Sunny Corporation Pvt. Ltd. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Sunny Corporation Pvt. Ltd. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback

Any feedback you provide at this site shall be deemed to be non-confidential. Sunny Corporation Pvt. Ltd. shall be free to use such information on an unrestricted basis.